HomeMy WebLinkAboutOrdinance 1326 (Non-Conformance Adjustments)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City Clerk of the City of
San Rafael, and Ex -officio Clerk of the Council of said
City do hereby certify that the foregoing Charter
Ordinance No. 1326 entitled:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14,
ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW
CHAPTER 14.69 THERETO ENTITLED: N COMBINED DISTRICT (NON—
CONFORMANCE ADJUSTMENTS)
is a true and correct copy of an ordinance of said City,
and was introduced at a regular meeting of
the City Council of the City of San Rafael, held on the 5th
day of March 19 79 Published as re-
quired by City Charter in the Independent—Journal ,
a newspaper printed and published in the City of San Rafael
and passed and adopted as an ordinance of said City at a
regular meeting of the City Council of said City
held on the 19th day of March 19 79' by the
following vote, to -wit:
Ayes: Councilmen: Jensen, Miskimen, Nixon and Mayor Mulryan
Noes: Councilmen: None
Absent: Councilmen: None
WITNESS my hand and the official seal of
the City of San Rafael this 16th day of
April 19 79
JNE M. LEONCINI, ity Clerk
ORDINANCE NO. 1326
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14,
ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER
14.69 THERETO ENTITLED: I1 COMBINED DISTRICT (NONCONFORMANCE ADJUSTMENTS)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Title 14 of the San Rafael Municipal Code is
hereby amended by adding Chapter 14.69 which shall read in its
entirety as follows:
CHAPTER 14.69 - 11 COMBINED DISTRICT (NONCONFORMANCE ADJUSTMENTS)
Section 14.69.010 Regulations Applicable in N District.
14.69.020 Lot Width and Area.
14.69.030 Structures with Inadequate Yards.
14.69.040 Uses with Insufficient Parking.
14.69.050 Use Conformity - Two or More Detached Structures.
14.69.060 Subdivision of Two or More Detached Structures.
14.69.070 Where Structure is Destroyed.
14.69.080 Multiple Family Use and All Other Circumstances
Not Previously Covered.
14.69.010 Regulations Applicable in N District. If a
district is combined with a '4 District, the provisions of the 11 District
shall prevail wherever a conflict exists.
14.69.020 Lot Width and Area. All lots which were created
in conformity with laws regulating the division of land or for which
a Certificate of Compliance has been issued and which, because of width
or area inadequacies, have become nonconforming since May 2, 1951,
shall be deemed legal lots.
14.69.030 Structures with Inadequate Yards. All existing
nonconforming structures and accessory structures having a front, side,
side street, or rear yard too small pursuant to the provisions of the
San Rafael Zoning Ordinance shall be legal structures and may be re-
paired or enlarged as long as the use therein conforms to the zone and
the proposed repair or enlargement does not extend further into yard
areas required under current zoning. The Zoning Administrator, by
Environmental and Design Review permit, may authorize an extension of
an existing structure along existing wall lines where to do so would
increase a nonconforming yard.
11) mr, i RON. 4
14.69.040 Uses with Insufficient Parking.
(a) All existing structures where the one or two
family use conforms to those uses permitted within the zone and wherein
the parking is insufficient (e.g., inadequate number of parking spaces,
parking spaces located in areas now required as yard areas, parking in
a tandem pattern in driveways, other patterns not permissible under
current standards), shall be considered as legally satisfying parking
standards. Where structures were legally built with fewer than the
currently -required number of parking spaces, additional on-site parking
for vehicles belonging to the residents of that site shall be permitted
as follows:
(1) Additional on-site parking shall not be
used as the basis for increasing the number of residential units.
(2) Cars may be parked one behind another in
driveways going to the rear yard.
(3) The Zoning Administrator, by Environmental
and Design Review permit, may approve the location of additional parking
spaces in front or side street yard areas of existing one and two-
family residential structures, providing that such additional facilities
do not create hazards by obstructing views to or from adjoining side-
walks and streets.
(b) The Zoning Administrator, by Environmental
and Design Review permit, may approve, for multiple family structures,
additional on-site parking in patterns or locations that do not meet
current standards, providing that in the judgment of the Zoning Adminis-
trator the additional parking:
(1) will not create a hazard or nuisance to
the neighborhood or adjoining neighbors;
(2) is likely to be used; and
(3) will reduce existing on -street parking
congestion.
14.69.050 Use Conformity - Two or More Detached Structures.
Where two or more separate, detached structures exist on a single lot
in an R-1 or R-2 zone, each of the structures which individually con-
form to the density permitted in the zone shall be considered as con-
taining a conforming use.
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14.69.060 Subdivision of Two or More Detached Structures.
Where two or more separate detached structures exist on a single lot
in an R-1 or R-2 zone, the Planning Commission shall approve subdivision
of the lot along lines which will provide a separate lot for each of
the existing structures, even though the lots thus created do not meet
the area, width, or yard requirements of the zone, unless the Planning
Commission makes a determination and finds that to do so would create
a hazard or cause detriment to the neighborhood.
14.69.070 Where Structure is Destroyed. In any of the
circumstances listed in the above Sections as they pertain to single-
family and duplex uses, if a structure is destroyed to the extent of
76% or more of actual current market value, it may be repaired or re-
placed in its existing location without zoning permits. (Note:
building permits would still be required.) Furthermore:
(a) The Planning Director may approve all changes
that reduce lack of conformity to current zoning and design standards.
(b) Any re -design that goes beyond these limits
(such as substituting increased nonconformtiy in one location for re-
duced nonconformity in another) shall require Environmental and Design
Review approval by the Planning Commission. In order to approve such
permit, the Planning Commission shall find that the proposed improve-
ment provides better site design, conforms better to the intent of
present standards, and reduces the adverse impacts now existing with-
out creating any new adverse impacts.
14.69.080 Multiple Family Use and all Other Circumstances
Not Previously Covered. In all other nonconforming circumstances
if a structure is destroyed to the extent of 76 % or more of its actual
current market value, the structure and use may be restored, providing
a use permit is issued by the Planning Commission after a finding that
the restoration will not have a significant detrimental impact upon
the neighborhood, and reduces the adverse impacts now existing without
creating any new adverse impacts.
DIVISION 2. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause,
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared
invalid.
DIVISION 3. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation, printed,
published, and circulated in the City of San Rafael, and shall be in
full force and effect thirty (30) days after its final passage.
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C. PAUL BETTINI, Mayor
Attest:
J NE M. LEONCINI, ity erk
The above and foregoing Ordinance No. 1326 was read and
introduced at a regular meeting of the City Council of the City of
San Rafael, held on the fifth day of March , 1979, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulrya.n, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
and will come up for adoption as an Ordinance of the City of San Rafael
at a regular meeting of the Council to be held on the 19th day of
March , 1979.
JJAt M. LEONCINI, City Clerk
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